Employment Law

A recent ABC Four Corners investigation has revealed allegations of workplace discrimination against mothers and pregnant women. More than 100 women told the program they had experienced discriminatory treatment across multiple sectors.

The alleged discrimination took many forms, including being made redundant, being demoted or offered a demotion, and having requests for flexible work refused. Some women allege their employer falsely claimed their role was no longer needed, while others say their performance was criticised more harshly while they were pregnant.

In the same week, the Australian Human Rights Commission released its report Balancing Act: Supporting working parents and carers. The Commission found that discrimination based on pregnancy and family responsibilities “remains a major barrier to gender equality and workplace participation in Australia”.

The report identified recurring patterns raised by stakeholders that mirror those reported by the ABC, including “sham” redundancies, where women were allegedly made redundant to conceal discriminatory treatment.

The report also found that in 2025, the Commission received its highest number of pregnancy discrimination complaints this decade.

What rights do employees have?

Discrimination at work on the grounds of pregnancy or family responsibilities is unlawful, and there are several legal pathways through which employees may seek compensation.

The Fair Work Act

Under the Fair Work Act 2009 (Cth), employers must not take adverse action against employees or prospective employees because of certain protected attributes. These include pregnancy, breastfeeding, family or carer’s responsibilities, race, sexual orientation, and religion, among others. Adverse action includes dismissing an employee, altering their position to their detriment, or refusing to employ them.

The protections apply to many types of workers, including casual employees, trainees, and apprentices.

Adverse action is not unlawful in every circumstance. Exceptions include action that is not unlawful under the anti-discrimination law in force where it was taken, and action based on the inherent requirements of the position.

A claim under the Act is known as a general protections claim. Employees can bring a general protections claim even if the discrimination did not result in their dismissal.

Strict time limits apply. If you have been dismissed, a general protections application must generally be made to the Fair Work Commission within 21 days of the dismissal taking effect.

In Duarte v United Arab Emirates Ministry of Foreign Affairs [2026] FedCFamC2G 175, Tatiana Duarte was working as a waiter at the United Arab Emirates Consulate in Melbourne when she became pregnant in April 2020. Ms Duarte was denied flexible work arrangements, unpaid parental leave, and support when she returned to work as a breastfeeding mother. Her employer required her to express breastmilk in a storeroom with no facilities to store it, and she was forced to keep the milk in a suitcase filled with ice. On 1 November 2021, she was told her role was redundant and her employment was terminated.

The Federal Circuit and Family Court found the employer had contravened the Fair Work Act 2009 by treating Ms Duarte adversely because of her pregnancy, breastfeeding, and caring responsibilities, and because she exercised her workplace rights. She was awarded compensation and a $100,000 penalty, totalling around $203,000 with interest and costs.

The Sex Discrimination Act

The Sex Discrimination Act 1984 (Cth) also prohibits discrimination on grounds including sex, pregnancy, breastfeeding, family responsibilities, marital or relationship status, gender identity, and sexual orientation. Employers must not discriminate against a person in offering employment, or against an employee in the course of their employment.

NSW anti-discrimination law

Employees in NSW can also lodge a complaint with Anti-Discrimination NSW. A complaint starts a legal process and, if it is not resolved, may be referred to the NSW Civil and Administrative Tribunal.

Choosing a pathway

In most cases, a person must choose which pathway to pursue, as the same conduct generally cannot be the subject of claims under several laws at once. Each pathway has different time limits, remedies, and cost consequences, so early legal advice matters.

Where discriminatory conduct has caused a psychological injury, an employee may also have a workers compensation claim.

Employer obligations

Employers must also comply with their obligations under the Sex Discrimination Act 1984 (Cth). The Act imposes a positive duty on employers to take reasonable and proportionate measures to eliminate, as far as possible, sex discrimination, sexual harassment, sex-based harassment, hostile workplace environments on the ground of sex, and related victimisation.

The Australian Human Rights Commission has outlined seven standards for meeting the positive duty:

• leadership, particularly from senior leaders
• fostering a safe, respectful, and inclusive culture
• knowledge, including clear policies on behaviour and conduct
• risk management, covering both prevention and response
• support for workers who experience or witness unlawful conduct
• clear options for reporting and responding to conduct
• monitoring, evaluation, and transparency about reported behaviour

For more on employer obligations around harassment, see our guide to workplace sexual harassment and bullying.

How Koffels can help

Koffels advises employees seeking to understand their rights and employers seeking to understand their obligations. If you believe you have experienced discrimination at work because of pregnancy, breastfeeding, or family responsibilities, you may be entitled to compensation. Learn more about our employment law services, or contact us confidentially below.

If you have experienced workplace sexual harassment, read our plain-language guide or learn more about workplace sexual harassment compensation.